LEXIS NEXIS Legal Newsroom Immigration has posted the new US Citizenship and Immigration Services (USCIS) policy guidance in the USCIS Policy Manual on determinations of extreme hardship to qualifying relatives as required by certain statutory waiver provisions. This guidance becomes effective December 5, 2016.

Chapter 2 provides, in relevant part, that:

“USCIS​ recognizes​ that at least some degree of hardship to qualifying relative​s​ exists in most, if not all, cases in which ​individual​s​ with the requisite relationship​s​ ​are ​denied admission​. ​Importantly, t​o be considered “extreme,” the hardship must exceed ​that which is usual or expected.​ ​But e​xtreme​ ​hardship ne​ed not​ be unique​,​ ​n​or ​is ​the standard ​as​ ​demanding as the ​statutory ​“exceptional and extremely unusual hardship” standard​ that​ is​ generally applicable to ​non-​lawful permanent resident​ ​cancellation of removal.”

Read the guidance at the link above for details.

KJ

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